Case 10-00040-NPO Doc 128 Filed 10/04/10 Entered 10/04/10 16:09:07 Desc Main

Document Page 1 of 4

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

IN RE:

JON CHRISTOPHER EVANS Case No. 09-03763-NPO

AND JOINTLY ADMINISTERED
RELATED CASES

DEBTORS. Chapter 7

G&B INVESTMENTS, INC. PLAINTIFF

VS. ADV. PROC. NO. 10-00040-NPO

DEREK A. HENDERSON, TRUSTEE

FOR THE BANKRUPTCY ESTATE OF
JOHN CHRISTOPHER EVANS, ET AL DEFENDANTS

Motion for Protective Order

Defendants, Mississippi Valley Title Insurance Company and Old Republic

National Title Insurance Company (the “Title Companies”), file this Motion for

Protective Order and show unto the Court the following:

1. G&B Investment, Inc.’s (“G&B”) served interrogatories on the Title

Companies on July 12, 2010. Notice of service of this discovery was filed on July 21,

2010 [Dkt. No. 16]. G&B served requests for production of documents on the Title

Companies on July 21, 2010. Notice of service of this discovery was filed on July 21,

2010 [Dkt. No. 17].

2. Based on G&B’s stated intent to file an amended complaint, the Title

Companies requested additional time to file responses to G&B’s written discovery. G&B

agreed to give the Title Companies an extension of time until thirty days after the first
Case 10-00040-NPO Doc 128 Filed 10/04/10 Entered 10/04/10 16:09:07 Desc Main
Document Page 2 of 4

amended complaint was filed. G&B filed its First Amended Complaint on July 26, 2010

[Dkt. No. 21].

3. Because if the breadth of information sought by G&B through its

discovery, the Title Companies requested that all parties enter into an agreed protective

order. Counsel for the Title Companies sent a counsel for G&B an e-mail on August 19,

2010 (one week before responding to G&B’s discovery), requesting a general agreement

to a protective order. A true and correct copy of this e-mail is attached as Exhibit A. The

Title Companies did not receive a response from G&B.

4. On August 24, 2010, counsel for the Title Companies sent all counsel of

record an e-mail seeking an agreement from all parties to enter into an agreed protective

order. A copy of the proposed agreed order was attached to this e-mail. A true and

correct copy of this e-mail is attached as Exhibit B. The only response received was on

September 24, 2010 from counsel for Merchants & Farmer’s Bank, requesting that a

“simpler” protective order be used.

5. The Title Companies timely responded to G&B’s interrogatories and

requests for production on August 25, 2010. Notice of service of this discovery was filed

by the Title Companies on August 25, 2010 [Dkt. No. 52]. The Title Companies agreed

to produce certain documents upon the execution and entry of a protective order.

6. In an effort to avoid further dispute and delay on this issue, the Title

Companies request the Court to enter a protective order in the form previously provided

to all counsel of record and attached as Exhibit C.

7. The protective order as proposed is mutually beneficial to the parties.

Many, if not most, of the documents in the possession of the Title Companies were

2
Case 10-00040-NPO Doc 128 Filed 10/04/10 Entered 10/04/10 16:09:07 Desc Main
Document Page 3 of 4

obtained from third-parties. The Title Companies seek a Court Order creating a

comprehensive mechanism for producing, distributing, and protecting these documents.

8. Further, the protective order as proposed is necessary to ensure that the

Title Companies’ confidential and proprietary information is not inappropriately used or

disseminated by other parties and counsel in this litigation. Many of the attorneys

involved in this matter act as title agents for competitors of the Title Companies. The

distribution of this confidential and proprietary information to the Title Companies’

competitors would be an inappropriate use of the discovery process and would damage

the Title Companies.

9. The protective order as proposed is also necessary to ensure that

documents obtained by the Title Companies from various banks and lending institutions.

Such an order is especially important given the fact that certain banks and lending

institutions may assert a claim of confidentiality or propriety to the documents and their

potential production to other competitor banks and lending institutions.

FOR THESE REASONS, the Title Companies respectfully request that this Court

grant this motion and enter the protective order attached as Exhibit C and to grant any

additional relief deemed appropriate by this Court.

Respectfully submitted, this the 4th day of September, 2010.

MISSISSIPPI VALLEY TITLE

INSURANCE COMPANY and OLD
REPUBLIC NATIONAL TITLE
INSURANCE COMPANY

By:/s/ Scott Jones

William C. Brabec (MSB No. 4240)
M. Scott Jones (MSB No. 102239)
ADAMS AND REESE LLP
111 East Capitol Street, Ste. 350

3
Case 10-00040-NPO Doc 128 Filed 10/04/10 Entered 10/04/10 16:09:07 Desc Main
Document Page 4 of 4

Post Office Box 24297

Jackson, Mississippi 39225-4297
Telephone: 601-353-3234
Facsimile: 601-355-9708
E-mail: bill.babec@arlaw.com
E-mail: scott.jones@arlaw.com

CERTIFICATE OF SERVICE

I hereby certify that on this day, a copy of the foregoing has been served by
electronic filing through the ECF System, which provides electronic notice to all counsel
of record, including Richard Montague, Jeff Rawlings, Kristina Johnson, John Corlew,
Gene Berry, Mark Franklin, Michael Simmons, Derek Henderson, Jeff Tyre, Terry Levy,
and Richard Bradley.

This the 4th day of October, 2010.

/s/ Scott Jones

OF COUNSEL